48 THE NEW ZEALAND GAZETTE. [No. 1

16. Whenever under clause 13 or clause 14 hereof an Inspector is entitled to require any coke, coal, or vehicle to be weighed, the Inspector may at his option himself weigh the same or cause the same to be weighed.

17. Where any weighing referred to in clauses 13 and 14 hereof is carried out upon the requirement of an Inspector, the cost of such weighing, whether carried out by the Inspector himself or by any other person, shall be paid by the person selling such coke or coal, and the amount thereof may be determined by the Inspector, and the failure to pay such amount shall constitute an offence against these regulations on the part of the person selling such coke or coal.

18. Where any weighing referred to in clauses 13 and 14 hereof is carried out upon the requirement of a purchaser, and the weight of such coke or coal is found to be in accordance with the labels on the sacks in which it is contained or in accordance with the ticket relating thereto produced by the driver, the purchaser shall be liable to pay the driver or seller reasonable expenses in respect of such weighing, and the amount of such expenses may be determined by the Inspector, and failure to pay the same shall constitute an offence against these regulations on the part of the person liable for payment.

19. No expenses shall be payable under the last preceding clause hereof—
    (a.) When any contract provides that the purchaser may require such weighing to be performed without charge; or
    (b.) When such weighing has been performed by the driver on a machine carried by him pursuant to the provisions of clause 23 hereof.

20. When coke or coal conveyed on any vehicle has been weighed as provided in clause 13 or clause 14 hereof, and the weight of such coke or coal is found to be less than that shown on the labels on the sacks in which it is contained or on the ticket relating thereto produced by the driver of such vehicle, the seller shall be guilty of an offence under these regulations.

21. Every weighing of any coke, coal, or vehicle under clauses 13 and 14 hereof shall be conducted in the presence of the driver of the vehicle or of some other person named by him and present on his behalf.

22. No driver shall be required, pursuant to any provision in clauses 13, 14, and 15 hereof, to drive his vehicle to a weighing-machine for a distance of more than one mile.

23. Where the coke or coal to be weighed is in sacks, and a correct stamped weighing-machine is carried by the driver, he may elect to weigh such coke or coal on such machine in lieu of proceeding to a weighing-machine as provided by clauses 13 and 14 hereof.

24. The term “purchaser” wherever used in clauses 13 to 19 hereof (both inclusive) shall, where not inconsistent with the context, include the representative of the purchaser; and the term “purchaser” wherever used in clauses 14 and 18 hereof shall, where not inconsistent with the context, include an intending purchaser and the representative of an intending purchaser.

25. Clauses 10 to 15 of these regulations shall not apply when coke or coal is being delivered in bulk from a railway-truck or ship direct to the purchaser, if either—
    (a.) The whole of such coke or coal in such railway-truck is for delivery to such purchaser, and such purchaser has agreed to purchase such coke or coal by the railway freight weights relating thereto, or if in a ship the purchaser has agreed to purchase such coke or coal by measurement in a basket: or
    (b.) The seller has agreed with the purchaser to determine the weight of such coke or coal on a weighing-machine provided by the purchaser:

And in either case the seller on demand satisfies any Inspector that such agreement has been made.

SCHEDULE TO PART VII.

FORM I.

Seller—Name : Date :
Address :
Purchaser—Name :
Address :

PLEASE receive herewith tons cwt. qr. lb. net weight of [Description of coke or coal] in [Number] sacks [bulk].

FORM II.

Seller—Name : Date :
Address :
Purchaser—Name :
Address :

PLEASE receive herewith [Description of coke or coal] as shown hereunder in [Number] sacks [bulk]:—

Gross weight (vehicle and load) .. .. .. .. .. Tons cwt. qr. lb.
Tare weight (vehicle) .. .. .. .. ..

Net weight .. .. .. .. .. __

J. W. BLACK,
Acting Clerk of the Executive Council.